week 6 discussion

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Week 6 Discussion – Rules of an Employer

Refer to Chapter 9 and Chapter 16 in your course textbook for this discussion.

Respond to the following:

As a small business owner, you are faced with rising costs (particularly employment costs), insurance, and the like. You decide to hire some friends who wear your business uniform, deal with vendors and customers, and tell their friends and family that they work for you. In one instance, a friend, Leo, orders way too much from a vendor.

• Explain agency law terminology, the three ways an agency relationship is created per the chapter reading, and how this area of law applies to the scenario.
  • How does “scope of employment” factor into a legal liability for Leo’s actions?
  • If Leo was an employee-at-will – can you fire him? What legal exceptions exist to the EAW? (Be sure to define and explain all terms.)
• If the employee in the scenario is an “employee-at-will” – what does this mean and what are the exceptions to firing an employee-at-will? Research in the NEXIS-Uni legal database a recent lawsuit in your home state of wrongful termination in violation of the Employment-at-Will doctrine in the last 2 years. Provide the state information and law, facts, parties, and what happened in the case.

Be sure to respond to one of your classmates’ posts. Please provide answers to the discussion questions that are researched, informed, and substantiated by citing sources following Strayer Writing Standards.

Chapter 9. Business Torts

Introduction

Criminal wrongs require guilty parties to pay a debt to society through a fine, imprisonment, and/or community service. However, criminal wrongs also have victims who have suffered financial losses, injuries, and, sometimes, permanent disabilities. Those who are harmed by the conduct of others are the victims of torts. Torts are civil wrongs that provide remedies. This chapter answers these questions: What are the different types of torts? What must you prove to recover for these torts? What are the business and public policy issues in torts?

Update

For up-to-date law and ethics news, go to mariannejennings.com

In the federal confirmation process, a standard question from the judiciary committee is, “Well, if you’re confirmed will you legislate?” And, with a look of horror, the nominee says, “Oh, I won’t legislate.” Well, what about the law of contract and tort; where do they think it came from, the stork? Former U.S. Supreme Court Justice Anthony Kennedy, Roth Lecture, USC Law School, November 1998

Consider … 9.1

In 2008, Michael Smail was at a baseball game in Nashville and took a picture of S.E., a minor child who was eight years old at the time, as she was standing near the concession stand at the stadium. He then posted the picture of S.E. on his Flickr account with the caption, “Everything that’s wrong with America.” The photograph is a side shot of S.E. drinking a large soda.

S.E. was diagnosed at birth with Down Syndrome and individuals with Down Syndrome have significantly higher incidence of problems with the thyroid, adrenal, and pituitary glands than the general population, resulting ease in weight gain.

The post went viral for eight years and several reposts were made, using the photograph of S.E.

Valentin Chmerkovskiy, a celebrity professional dancer, best known for his television appearances on Dancing with the Stars, posted on his public Facebook page a meme of the photograph with the caption “Letting your kid become obese should be considered child abuse,” an image viewed by more than a quarter million of Mr. Chmerkovskiy’s followers. Mr. Chmerkovskiy also posted on his Facebook page the following statement regarding the Photograph: “I am truly sorry for the lack of sensitivity … but on some level I have to agree. … You’re handicapping your kid, and they’re defenseless. They don’t know better, that’s why you’re there … anyway I’m just a childless preacher, but here’s some food for thought. #nopunintended.”

S.E.’s mother filed suit against Chmerkovskiy and CBS, the platform for the posts. What would be the basis of the suit? Could S.E. and her mother recover?

Chapter 16. Management of Employee Conduct: Agency

Introduction

All businesses have a common thread: employees. They need them, rely on them, pay them, and give them authority to perform certain business tasks. This chapter focuses on that delegation of authority and these questions: When does an employee act on behalf of an employer? How much authority does an employee have? What duties and obligations do employees owe employers? When is a business liable for an employee’s acts?

Update

For up-to-date legal news, go to mariannejennings.com

Corporation which operated bar and instructed bartender to maintain order was not liable for injuries to patrons sustained when bartender pulled out gun and shot patron because he was making advances to girl sitting next to him. Howard v Zaney Bar, 85 A.2d 401 (Pa. 1952)

Consider … 16.1

On June 12, 2013, Doris Alexander was admitted to PruitHealth-Forsyth nursing home. Her daughter, Carol Alexander, signed a nursing home admission agreement and other documents, including an optional arbitration agreement naming her mother and the nursing home as parties. Doris remained a resident of the nursing home until she died on February 27, 2014. On May 5, 2015, Jeanette Alexander, another of Doris’s children, filed suit against United Health Services of Georgia for claims of negligence, wrongful death, and malpractice. United Health filed a motion to dismiss and compel arbitration. The trial court held that there was no valid arbitration agreement because Doris had not signed the agreement and Carol did not have a power of attorney. United Health appealed. Did Carol have authority to sign for her mother?

Classmate post: Tameshia Brothers

Hello Class,

Agency law terminology:

Nature of Agency- Agency is a lawful connection where a principal appoints an agency to act on their behalf and under their control (1).

Principal- The individual that the agent acts as a representative of.

Agent- The individual who acts on the authority of the principal.

Master Servant- A master servant bond is classified as a connection where one person has power over another individual (2).

Independent Contractor- A employee hired to complete a work project but is indirectly managed.

Agency law- Restatement of Agency- Common law administered by most judges in the court of law.

Creating the agency relationship: When the principal employs and individual.

Express Authority Agency- the agent has the power to take any legal action requested by the principals. Also, written, or oral agreements must be put in writing, if necessary, by the statue of frauds.

Principal must have legal capacity: Individual must be mentally competent and age appropriate.

Capacity: unincorporated Associations Do Not Have Capacity

Have no lawful presence.

Associates will be held accountable since there is no principal.

Capacity of agents becomes an issue when it concerns:

Power to enter a legal obligation.

Probable legal responsibility to third parties’ participants

Implied Authority: The expansion of express power by custom.

Apparent Authority: when an agent’s applicable authorities extend to business deals that they are not supposed to undertake, but a third party is not aware of this.

Agency by ratification- Principal evaluations a contract decides to honor through the agent had no permission to be involved in.

Three parts of Agency law: Agency law involves studying three different areas which include the first deals with building the agency connection. Next includes the relation between agents and principals. And, lastly, the final area consists of the bond between principals, agents, and third parties (1).

This area of law applies to the given scenario- As independent contractors the business owner friends are hired as such as independent contractors where they are employees, but the individuals are indirectly employed and managed by the business owner as the boss. Everyone is hired to complete a certain task or duties. As well the business owner has a relationship with his friends, a third party where there is already a connection, and the capacity of agents may become an issue when it concerns probable legal responsibilities of third-party participants.

How does the scope of employment factor into legal liability for Leo’s actions? An individual scope of employment factors into legal liability by providing appropriate training, their job description, and duties the employee is supposed to perform regularly. Also, conflict of interest with hiring family management should take responsibility for and proceed with steps to alleviate conflict of interest and ensure clarity. More, importantly the supervisor should avoid discrimination and treat each employee fairly and equally, As well the boss should have proper employment contracts for each worker hired and comply with laws with fair treatment, pay, hours worked, and have accurate taxes withheld. And these factors mentioned should be exercised when employees are making decisions so that any serious mistakes are not costly to the company. And, have more merchandise than what is expected or needed.

If Leo was an employee-at-will- can you fire him? What legal exceptions exist to the EAW? Yes, management can fire Leo if the reasoning is not illegal such as retaliation, discrimination, or violate the fair labor standards act or family or medical leave act. Different states have different laws, and most states go by an implied contract where an employee cannot be terminated without compelling cause. And consequently, if employment laws are not followed and an employee is terminated illegally the employer can face fines or penalties (3).

If the employee in the scenario is an employee-at-will what does this mean and what are the exceptions to firing and employee at will? An employer cannot terminate, and employee based on race, color, religion, disability, age, national origin, or genetic information. In addition, an employee may not be terminated for not doing something illegal or exercising their rights. Also, an employee may not terminate in good faith or an implied contract which may be oral or written in the companies’ policies (3).

Case:

Fourth Circuit Determines that Internal Complaint May Support Claim for wrongful discharge in violation of North Carolina Public Policy October

October 4^th, 2024

Facts: Employees claim that they were discharged from employment for retaliation for professional duties and standards of care described by the law. One individual needed heightened care due to mental health concerns which included needed medical services that were critical to the employee’s care stated by their mental health counselor but was denied heightened care by the assistant director of the company. Unfortunately, because the employee never received the medical care the employee died as a result. And other employees were wrongfully discharged for retaliation by the same statutory scheme. And regulations of North Carolina law in the case were upheld.

Law: The appeals fourth circuit court overturned the decision of the western district of North Carolina stating that specific language was not needed in the case to be successful on a wrongful termination claim of the employee (4). The plaintiff successfully pled factual allegations plausible to support their claim and the courts utilized persuasive authority to support their decision. In addition, the wrongful discharge was relative to discrimination of disability in North Carolina law (4).

Parties: No specific names were mentioned for the employees in the case unfortunately.

Sources